Idaho’s ‘Traditional Family’ Amendment Sails Along

An amendment to Idaho’s Constitution that declares the family the paramount institution in the state and prevents state interference in family matters cleared a House committee Tuesday.

“This is the best piece of legislation I’ve seen in the year and a half I’ve been here,” Rep. Jeff Alltus, R-Coeur d’Alene, declared. “I’m really excited about putting this into our Constitution … letting the people vote on it.”

To become law, the measure must pass both houses of the Legislature with a two-thirds vote, then win a majority vote in a statewide election.

Opponents of the amendment, approved by the House State Affairs Committee, said it amounted to legalizing child abuse.

“I think this is the worst piece of legislation I’ve ever seen,” said Rep. Milt Erhart, R-Boise. “Parents are going to have license to just absolutely beat and abuse their kids to no end. … We’re really turning upside down our whole system.”

The amendment says, “In all matters, the traditional family must be recognized as that foundational and paramount institution which strengthens and sustains all institutions of mankind.”

It goes on to say the state constitution and all state laws and rules must “recognize that unique province of the family,” and declare that “the right of parental authority … shall not be abridged.”

A clause allowing for a jury trial in any instance of “state interference with family relationships” concerned Todd Joyner of the Idaho Prosecuting Attorneys Association. That would affect child protection cases, mental illness commitments, child custody and divorce cases and more, he said.

An example, he said, would be when a juvenile commits a crime. “The juvenile would be placed in a detention center, which would certainly be a state intervention in the family.”

Sponsor Rep. Bill Sali, R-Meridian, agreed to remove the jury provision.

Stephen Rowley of the Idaho American Civil Liberties Union said the measure never defined “traditional family.” “What about single parents - are they included?” he asked. “What about adoptive parents?”

Rep. Ralph Gines, R-Boise, said he thought the “traditional family” was “pretty easy to identify.” “The traditional family is an important institution,” he said.

The bill was sent to the full House for amendments on an 11-7 vote.

, DataTimes MEMO: IDAHO HEADLINE: Panel backs pro-family amendment